If we don’t follow rule of law, revolution is the alternative whether we like it or not – Falana

Human Rights lawyer, Femi Falana (SAN) has noted that if the government refuses to allow the rule of law, the people will have no alternative but to revolt.

Falana who spoke in Lagos on Tuesday at the launch of a book, “Why Not- Citizenship, State Capture, Creeping Fascism and Criminal Hijack of Politics in Nigeria” written by Professor Pat Utomi, pointed out that there could not be a democracy where there is no rule of law and where people’s rights are not protected.

“It’s very difficult to attend a book launch where a writer is calling for revolutionary change these days because you could be accused of committing treason or terrorism,” he remarked.

“I have been to three African countries in the last couple of weeks to deliver lectures on human rights. Human rights in many African countries is different from what you call human rights in Nigeria. Our president has just graciously appointed about six women in a cabinet of 43, and people are saying we are making progress, because there were two the last time. This is when other African countries like South Africa, Rwanda and so on have achieved parity, 50 percent for women, 50 percent for men. In fact, Rwanda has the highest number of women legislators in the world.”

Falana emphasized that other African countries are leaving Nigeria behind.

“Some African countries are trying to fix their problems practically. Some are fighting corruption without making any noise. Not like some countries that are fighting corruption, but at the same time, appointing corrupt people who are standing trials as cabinet members.

“I met the attorney general of Gambia, a young man. I won two cases at the Ecowas Court against Yahaya Jammeh: One a journalist was awarded $100,000 for illegal detention, he was later killed in detention. The other one was tortured for 30 days, he got $200,000 from the Ecowas Court. I asked him what he was doing about it. He said, ‘Mr. Falana, we were just trying to write you. We believe in the rule of law, we have paid the $100,000 to the family of the journalist and for the $200,000 we are negotiating.’

“I expressed surprise. He asked why I was surprised. I said because I’m part of this region where many presidents don’t obey court orders.

“We moved to Senegal. It is a new Senegal; beautiful roads, interrupted electricity and water and the rest. In the course of our conference, my friend who is a Nigerian said to me, ‘Femi, have you noticed something?’ I said No. He said, ‘we have been here for three days, I have not stumbled on a pothole.’

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“We moved to Ghana for a lecture and as soon as I was rounding up my programme, I learnt the president was in town, President Nana Akufo-Addo. I called him, ‘Your Excellency I’m in town.’ He said, ‘Femi, what can I do for you?’

“I told him I needed to see him in his office because I had a judgment which the government of Ghana had not obeyed. A 15-year-old Nigerian boy died in 2013, he was taken out to swim and he got drowned. The parents came, we went to court and got a judgment in the Ecowas Court that the parents be awarded $250,000. Not that the government of Ghana killed the boy, but that the government of Ghana failed to investigate the circumstances of his death.

“He said I should please come to his office. I went and gave him the judgement and he scanned through it. He asked if Ghana was represented in the case. I said yes, by the attorney general. He looked at it and asked, ‘and we didn’t comply?’ I said yes, the former president, Mahama didn’t comply. He said OK. He called the attorney general there immediately and told him to comply with the judgement.

“The point I’m making is that you cannot have democracy without the rule of law. Nobody is coming to invest in your country without the rule of law because when you are taking your money to anywhere in the world, you will ask, ‘if there is a breach of contract, will I get justice in their courts? Will it be fast? Will they comply with the judgement?’ If you are told it’s not certain, you move your money elsewhere.

“So, it’s not just enough to say we are disobeying Court order because of security. An attorney general goes to the National Assembly to say we are disobeying court order because of national security. Excuse me! National Security is part of the rule of law. The security of the government is different from the security of the nation. A government may subvert national security as we saw in the case of Abacha.

“If we do not follow the rule of law, revolution is the alternative whether anybody likes it or not. We had elections in February and March this year, over 2000 people were arrested by the police for violence and killings in Rivers State and other places. But up till now, not a single person has been charged before any court. If we have a culture of impunity, we are in trouble.”

Falana said the country’s political system had been hijacked and that he could have advised Utomi against going to run for governor in Delta State.

“You are still investing hope in the elite. I have given up. We must go to the people and embark on sensitisation of the people,” he said.

“If you told me that you were going to go and contest, I would have asked you no to go. I tried in 2003 in my poor Ekiti State that I thought was innocent. I went out to campaign from village to village, I went to every community to ask them what their challenges were and what we could do together.

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“But the elite in Ado Ekiti told me, ‘Mr. Falana, don’t waste your time campaigning.’ They said I was the best candidate. I said, ‘so what do I do?’ They said, ‘but you know your problem? They say here that if you become governor you will not allow people to steal.’ I thought it was an honest compliment, I said yes that I intended to save money so there would be money for development. They said, ‘No, that’s not what our people want. They want the money now.’

“You can’t be a governor in a state in Nigeria today without at least N3billion, even even the smallest states.”